Executive Summary
In this UPC decision, Sun Patent Trust sought an Anti-Anti-Suit Injunction (AASI) against Roku, Inc., aiming to prevent Roku from pursuing related anti-suit or anti-enforcement injunctions in US courts. The court ultimately denied the request for provisional measures. The ruling emphasized that while a prior warning is not strictly necessary, the claimant must demonstrate a genuine risk of irreparable harm; here, the court found that the requested AASI was likely futile and risked prejudicing the claimant's rights without proper preliminary steps.
What the Court Held — Ratio Decidendi
The court ruled that a prior warning (Abmahnung) is not a prerequisite for an injunction request, but its absence can lead to the applicant bearing costs if the defendant immediately provides a non-infringement declaration. Crucially, the court found that because the claimant's requested Anti-Anti-Suit/Anti-Anti-Enforcement Injunction was likely futile and risked undermining the claimant's rights without prior warning, the request for provisional measures must be dismissed.
Practitioner Note
This case demonstrates the evidentiary and procedural standards applied in patent matters before Munich (DE) Local Division. Understanding the court's reasoning in Sun Patent Trust vs Roku, Inc. is valuable context for structuring arguments or assessing risk in similar proceedings.
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